Also available (and open access) on the journal's site is the state-of-the-art paper on norms of public argumentation from the APPLY working group, on which I was a contributing author, along with almost a dozen other folks (I co-wrote the section on legal argumentation): https://link.springer.com/article/10.1007/s10503-023-09598-6
The paper in this thread is now available on the journal's website, open access: https://link.springer.com/article/10.1007/s10503-023-09608-7
If you're into grammar, the passive voice, bankruptcy, or statutory interpretation (or all four) then do I have the Supreme Court case for you! The Court discusses the passive voice in statutory language. Really interesting stuff.
h/t to @rhetoricked
https://www.supremecourt.gov/opinions/22pdf/21-908_n6io.pdf
#LegalWriting #StatutoryInterpretation
"Centering Students’ Rhetorical Knowledge: The Community of Inquiry as Formative Assessment": My essay on valuing the rhetorical experiences of diverse students in peer-review contexts has appeared in _Legal Writing_ vol. 27 @JLWIonline@twitter.com
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#LegalWriting
#TeamRhetoric
#WritingStudies
#TechComm
#EliReview
RT of my sometime collaborator @CasonSchmit Excited that he and his co-authors have placed this piece in Science
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Can Trolls control #AI Robots?
No, this isn't science fiction. It's the overly sensationalized summary of our new article in @ScienceMagazine with @DNAlawyer and @MegDoerr.
@tamuSPHresearch @TAMU_SPH
Leveraging IP for AI governance
@willbuckingham I wonder to what extent the history we teach our kids is not very much like that family tree. In the US, we talk about old George Washington confessing to chopping down the cherry tree (fiction) but not about the enslaved people he purported to own (fact). I don’t mean to crap on your treasured memories (there are many such stories in my family that I love), only to point out that communities have analogous family trees.
Good take on courses students should take to be more than/better than #ChatGPT
HT @MyLegalWriting@Twitter.com
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Is teaching Diversity, Equity, and Inclusion a form of indoctrination? For example, is teaching black feminism in an AP African American Studies course indoctrination?
No.
*Banning* DEI is indoctrination, however.
Indoctrination is defined as forcing students to absorb/internalize a belief or narrative uncritically and without question.
Banning DEI is calculated to do exactly that.
Thread
#DEI #CRT #diversity #history #BlackHistory #indoctrination #DeSantis #CollegeBoard
@lexpedite After just a quick glance (on vacation here), I wonder how your code maps (or not) onto argumentation mapping tools (eg Rationale, ArgDown, Arucaria, etc.).
Been on the #fediverse for a couple of weeks now (and even succeeded in switching instances!), so it's finally time for an #introduction. Yes, I came here from Twitter like everyone else, but as a Gen Xer, I'm finding this a pleasant throwback to the slightly glitchy but earnest Internet spaces of the 90s/early 2000s. I'm a law prof with extremely eclectic interests: conflicts, civ pro, public health, fed courts, federal Indian law. Also enjoy reading novels, trying to improve my German.
Reviewer #1 called the paper “clever and ambitious” before skewering us on a series of issues that we remedied before a second round of peer review; they accepted the second version without further requirements. The paper seems less clever and ambitious to me now, but we’ve made more precise claims and more carefully supported them. Sadly, I don’t have a pre-print to share online, but ask if you want one privately. I hope to see the issue out later this year! 6/6
Our definition addresses some questions arising from existing argument-scheme definitions. For example, using our data, we show that a minimally well formed instance of this type of argument does not shift any conventional burden from the proponent of the argument to its skeptics. Instead, we speculate that an argument proponent may be able to shift a burden by saturating the argument with propositions in the critical framework to one extent or another. 5/6
We distinguish this practical normativity from rationally or universally normative assessment, usually from outside the argumentative context. Thus, practical norms in an argument scheme may still be subject to rational critique, and the scheme avoids the is/ought fallacy. We ground our position in an empirical study of US district court opinions and the lawyers’ briefs that led to them, instantiating our definition of argument scheme in the “argument for classification by precedent.” 4/6
Our article proposes a definition of “argument scheme” focused on describing argumentative performances and normative assessments occurring in an argumentative context, the social context in which the scheme arises. A premise-and-conclusion structure identifies the typical instantiation of an argument in the argumentative context, and a critical framework describes a set of normative assessments available to participants in the context, what we call practically normative assessments. 3/6
I wrote this piece with David Morrison (former star student and now collaborator) for the special issue of _Argumentation_ on “Norms of Public Argumentation.” Special issue is edited by Jan Albert van Laar and Frank Zenker as part of the APPLY COST action (https://publicpolicyargument.eu/, funded by the EU). I’m also pleased that the APPLY WG2 “state of the art” paper on norms of argumentation (on which I was a contributing author) will appear in the issue. 2/6
The journal _Argumentation_ has accepted “Reconceiving Argument Schemes as Descriptive and Practically Normative.” This thread summarizes our revision of work of #DouglasWalton et al. I argue here (and elsewhere) that #ArgumentSchemes are essential for making sense of #LegalArguments and #LegalReasoning. 1/6
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The long-running hiQ v LinkedIn scraping case quietly reached its denouement this week--a total loss for hiQ https://bit.ly/3FDl7mF Guest blogger Kieran McCarthy wrote an explainer to declutter the extensive confusion that grew up around the case https://bit.ly/3UKpalu
OK, made the commitment today to use some of my leave time this spring to get my #YogaTeacherTraining / #YogaTeacherCertification . Doing the work @DallasYogaCtr@Twitter.com , where I got my #mindfulness training online mid-#COVID. It's strange for me to be taking classes in a cooler room again, as I'm used to #HotYoga .